Loading...
HomeMy WebLinkAboutCC Minutes - 05/13/02 Meeting MINUTES Eugene City Council Regular Meeting McNutt Room--Eugene City Hall May 13,2002 8 p.m. COUNCILORS PRESENT: Betty Taylor, David Kelly, Nancy Nathanson, Scott Meisner, Gary Rayor, Gary PapS, Bonny Bettman, Par Farr. CITY COUNCIL MEETING Mayor James D. Torrey called the meeting to order. 1.CEREMONIAL MATTERS Mayor Torrey recognized the four-person delegation from Eugene's Sister City of Irkutsk, Siberia, visiting Eugene: Mayor Vladimir Yakubovsky, First Deputy Mayor Galina Zioubr, Deputy Mayor Sergei Kouchnarev, and Ludmilla Kurbatova. At the mayor's request, each guest made brief remarks regarding their visit to Eugene. Mayor Torrey presented Mayor Yakubovsky with a proclamation recognizing the delegation's visit, and pins in commemoration of the visit. He also presented Mayor Yakubovsky with a key to the City of Eugene. The delegation presented the mayor with a gift, a pin, from the City of Irkutsk. 2.PUBLIC FORUM Mayor Torrey reviewed the rules of the Public Forum. He noted that there were 20 people who signed up to speak; he requested a council motion to extend the time for the forum to allow more people to speak. Councilor Kelly, seconded by Councilor PapS, moved to extend the Public Forum from 30 to 45 minutes. Roll call vote; the vote on the motion was a 4:4 tie, Councilor Nathanson, Mr. Farr, Councilor Bettman, and Councilor Meisner voting no; Mr. Rayor, Councilor PapS, Councilor Kelly, and Councilor Taylor voting yes. Mayor Torrey cast a vote in support of the motion, and it passed by a vote of 5:4. Bruce Miller, PO Box 50968, Eugene, reminded residents that there were businesses still open on West Broadway. He suggested that maps be posted showing the location of those businesses. He noted the continuing loss of businesses from downtown. He further noted MINUTES--Eugene City Council May 13, 2002 Page 1 Regular Meeting Councilor Kelly's frequent contacts with the University or Oregon and said "give him a chance." He suggested that councilors with business experience work with downtown. Kris Millegan, 39830 McKenzie Highway, discussed an incident that preceded the marijuana match on Saturday, May 10, when an event organizer was seized and jailed on a warrant; another person also wanted was ignored. He believed that the arrest was done out of sheer spite, and said that should not be allowed to occur. He said that many people believed the war on drugs was unconstitutional, and he anticipated laws that would preclude people from exercising their civil rights. He said that those with marijuana cards had to deal with the black market, and there were people in the community attempting to help them. He said that something needed to be done in a humane manner outside a police response. Claude Matteson, 1811 Highway 99 North, Embers Restaurant, discussed his experience with enforcement of the City's tobacco ordinance. He believed that he had been visited by individuals specifically in search of a violation of the tobacco ordinance. He said that when asked, one individual confirmed she was a member of a nonsmoking alliance. He asked how that individual could be a member of that alliance, also work for Lane County, and participate in an enforcement action. The individual also appeared as a witness on work time; he questioned whether that was good investment of tax money. Mr. Madison said that if the ordinance continued to be in force, he would not have many employees left. Cheryl McCabe, 3355 East Amazon Street, Old Pad Tavern, indicated that her business lost $30,000 since December 31, 2001. She noted that before the smoking ban was instituted, five cities had smoking bans. St. Helens was reconsidering its law, and Tillamook County has reversed its law. She submitted information from Paul Handlen, chair of the Tillamook County Commission. Anthony Biglan, Oregon Research Institute, researcher on smoking prevention, thanked the council for passing the tobacco-related ordinances. He thanked Mayor Torrey for working to pass laws related to reading instruction at the State level. He noted the continuing deaths from tobacco use and discussed the tobacco companies' work to market their product to young people. The companies want to increase the degree to which they market in bars. He hoped that if forced to reconsider the issue, the council would also consider the role of the tobacco companies, noting that there had been eight Marlboro promotions in the last six months. Kevin Wells, 1555 Coburg Road, #18, Harlow Neighbors Association, urged the council to delay the assessment for the sound wall project until ODOT made an actual improvement. He said that ODOT could not document sound levels prior to the sound wall construction. John Brown, 1250 Charnelton Street, spoke to the issue of the lease versus build approach to the police forensic and property storage facilities. He said that the cost of leasing was far higher than building, and he urged the council to build new facilities rather than build and spend money on infill improvements. Dave Dingman, PO Box 11252, Eugene, a business broker, said that since the smoking ban took effect he had been called by various Eugene bar owners who wished to sell their bars; however, no one wished to buy a bar in Eugene because of the smoking ban. The value of such an establishment was based on its net income, which had dropped dramatically since the ordinance took effect. The owners were trapped, were making no money, and could not sell their MINUTES--Eugene City Council May 13, 2002 Page 2 Regular Meeting businesses. They had fixed costs that exceeded their incomes. The only escape for some would be bankruptcy, and he anticipated that would happen for some. Tracy Olson, 795 Willamette Street, spoke against the tobacco ordinance, noting that while bar sales have fallen, liquor sales have increased. The bars' smoking customers were drinking and smoking at home. In addition, Springfield revenues are up in bars, because people were willing to drive there to smoke. He said that the conditions were not only attributable to the poor economy. Portland-area establishments report flat sales or even small growth. He was waiting for those who supported the ordinance to patronize those businesses they fought so hard to rid of smoke. Pat Sullivan, 3674 Ox Box Way, resident of the Harlow Neighbors, criticized the adequacy of the sound wall and said that in some cases it created secondary noise issues. ODOT contends it can prove the wall works; based on that contention, a Hearings Official ruled that the assessment must be paid. ODOT merely removed natural barriers and replaced them with a wall that did not work. Ms. Sullivan said that the department did not do a reasonable noise study and cannot prove the wall improved levels by five decibels. Ms. Sullivan asked the council to set aside the decision of the Hearings Official, and work to convince ODOT that replacing the wall was the right thing to do. Chuck Imus, 2720 Country Lane, also asked the council to set aside the decision of the Hearings Official. He said that ODOT should have measured the sound before it started the wall and then measure it again to determine whether mitigation occurred. He asked the City to help the residents put pressure on ODOT for improvements to the sound wall. Jerry Henderson, 4065 Alder Street, Principal of South Eugene High School, spoke in support of continued funding for the police in the schools. He said that it was a very effective way of demonstrating the City's commitment to youth and preventing problems before they became serious. He said that cutting a position would call that commitment into question. He emphasized that the officers increase safety in the schools as well as create a climate of safety. Martin Jones, 2300 Parkside Lane, spoke against reconsideration of the ordinance that prohibited smoking in all work places, and thanked the council for passing the law. The Oregon Medical Association supported the council's action. He said that the issue was a public health issue, not a right-to-smoke issue. Smokers die at greater rates and at a earlier age than the remainder of the population. He said that any shift in terms of customers between Springfield and Eugene was small, about five to ten percent. He claimed that he had personally patronized several bars since the passage of the law. He said that the discussion should be about how to extend the ban to the entire state, and convince the Oregon Restaurant Association that the law was the right thing to do. Bill Sullivan, 1958 Onyx Street, said he was with the Lane Library League, a nonprofit organization that was working with Lane Council of Governments to expand library services in Lane County. He said that the group was planning a next step, and he believed a taxing district was the next step. He invited the council to a meeting on May 30 to discuss the logistics of forming a library district. He applauded Councilor Meisner for the work he had done in working with staff to open the library branches and called for the involvement of the entire council. MINUTES--Eugene City Council May 13, 2002 Page 3 Regular Meeting Start Pollock, 2470 Polk Street, thanked Councilor Kelly for spending some time with him and his group of civics students. He appreciated the interest shown in his class, and encouraged his students to participate in civic matters. He was a member of a group interested in using a City- owned site at Olive Street and 14th Avenue as a cohousing site, which he said could help meet the City's goals of densification and avoidance of urban sprawl. He described the success of co- housing in other communities. He hoped the City would support the group when it approached the City regarding the land. He indicated he would extend an invitation to the group's next meeting as soon as it was scheduled, and recommended a video on cohousing developed by Martin Hemmer. Christina Turner, 1327 David Avenue, a student at Sheldon High School, requested that the school officer position remain intact. She said that the officer made students feel safer. She said that teachers and parents believed that the presence of the officer made the students behave better. She personally felt safer when she saw the officer. Zachary Vishanoff, 1312 Mill Street, reminded the council of his last appearance and the discussion of whether historic buildings resisted tagging; he thought that little tagging went on inside the historic districts. Mr. Vishanoff expressed concern about the Fairmont Neighborhood's stand on the new East Campus child care center, saying it was reported secondhand that the group was in favor of the center; however, the association had actually voted against the center through a resolution. The association called for a meeting between itself and the University to discuss the issues of concern to neighbors. He noted the Agripac cannery site was already being demolished, and maintained it should be saved to be used as a 24-hour organic coffee shop. He called for the salvation of the structure, and asked that the demolition be stopped. Barb Evans, 39659 Row River Road, introduced herself as a Senior Services care provider. She said she cared for a person with a marijuana card in Cottage Grove, and discussed that individual's problems with the police in Cottage Grove. She said that the police in that city laughed and degraded her client when he wanted his medical marijuana back. She asked the council to help people in Cottage Grove deal with the issue. People in Cottage Grove had referred her to Eugene and then she was referred back to Cottage Grove. Mayor Torrey closed the public forum, noting that because of a lack of time, Joel Rosenberg had been unable to speak on the 1-105 sound wall, and Dan Carl Ernst had been unable to speak on politics, death, and cannabis. Councilor Fart noted that he had introduced a motion at the Budget Committee to reinstate the officer in the schools position. Councilor Rayor said that as the councilor for Ward 4, he was following the sound wall issue and was reading all the material he received with interest. He would work to represent the interests of the residents. Councilor Rayor said that the council would discuss alternative forms of funding on June 10, and asked for an update on what was occurring with the State Library Board with such districts. City Manager Jim Carlson said that the council's June 10 work session specifically included nonproperty tax revenue sources. He believed that such a district could be a viable alternative MINUTES--Eugene City Council May 13, 2002 Page 4 Regular Meeting for some services, and indicated he could provide the council with a report on the work being done by Mr. Sullivan's group. Speaking to Ms. Evans' testimony, Councilor Rayor suggested that the Cottage Grove police would be more likely to refer people to Lane County rather than to the Eugene Police Department. He suggested that Ms. Evans write a letter to the council more fully explaining her situation, because he did not understand Eugene's involvement. Councilor Pap~ noted Councilor Rayor's engineering background and recommended that the Harlow Neighbors take advantage of his expertise. Councilor Pap~ further noted the upcoming public forums sponsored by the River Road/Santa Clara Facilities planning committees, and encouraged audience members to attend. Councilor Kelly thanked all those who offered testimony. He acknowledged and thanked Mr. Pollock and his class for their interest. He added he found the co-housing concept intriguing. Councilor Kelly also asked if staff could check in with Ms. Evans and determine what Eugene's involvement was. He suggested that City staff could help the problem get to where it could be resolved. Councilor Bettman also thanked those who offered testimony. She provided an overview of the budget process, and said that there was strong support for the police in the schools but more than $1 million of reductions were being made, and there was only $120,000 available to restore services. The competition for that small amount included other vital programs, and priorities must be identified. She added that the reduction was not being made by the council. Councilor Bettman noted that the council was looking at several options related to the forensics unit, including rental, and the construction of temporary buildings on City-owned property, and purchasing a building to retrofit for a laboratory. Councilor Taylor also expressed appreciation to those who spoke as well as to those who did not have the opportunity. She said that she had sought recognition to make a motion to extend the time for speaking, but had not been recognized. Mayor Torrey closed the public forum and apologized to those who did not get to speak. 3.CONSENT CALENDAR A. Approval of Council Minutes April 8, 2002, Work Session April 8, 2002, City Council Meeting April 10, 2002, Work Session April 17, 2002, Process Session B. Approval of Tentative Working Agenda C. Approval of Neighborhood Matching Grants Spring 2002 Projects D. Approval of Interim Appointment to Police Commission E. Approval of City Manager Recruiter F. Approval of Resolution MINUTES--Eugene City Council May 13, 2002 Page 5 Regular Meeting Councilor Kelly, seconded by Councilor Pap~, moved to approve the items on the Consent Calendar. Councilor Bettman, Councilor Kelly, and Councilor Nathanson pulled Item A Councilor Taylor pulled Item E. Councilor Bettman had the following correction to page 1 of the work session minutes of April 8, asking that the sentence be changed to read "She thought it would be a boon to the businesses at the Saturday Market, resulting in a positive overflow for downtown businesses." She also asked that the second paragraph on page 7 be revised to read "She reviewed the needed actions and said that if the City Council did not move forward with anything but Ordinance 1, it would be rolling back all the environmental and natural resource protections in the code." She also asked that the last sentence in paragraph 1 of page 9 be changed to read "Councilor Bettman questioned what the exposure actually would be, and whether the proposed change in use was an improvement in terms of having staff in the basement." Referring to paragraph 3 on page 9 of the minutes, Councilor Bettman suggested the following amendment: Councilor Bettman appreciated the work the council had done..." Mayor Torrey determined that there were no objections to the changes offered by Councilor Bettman. Councilor Kelly offered the following correction to the regular council meeting minutes of April 8. He asked that paragraph 9 on page 11 be modified to read "He said that for every day that passed, there was more development that was not in compliance with growth management policies adopted by the City." Councilor Kelly corrected the motion to amend on page 8 of the April 10 work session, saying it should refer to five working days rather than one day. Referring to the minutes of April 10, Councilor Nathanson asked that the last sentence in paragraph 7 on page 2 be changed to read "She continued to be concerned about multiple haulers serving the same area." Councilor Pap~ pulled Item F. Roll call vote; the motion, excepting items E and F, passed unanimously. Councilor Taylor inquired as to the cost of the recruiter for the City Manager position. Councilor Kelly recollected it was $20,000 to $22,000. Councilor Taylor said that she thought the City could save the money. She pointed out that Salem found a new city manager without using a recruiter. She was also concerned the council had not seen information about the recruiters not selected. Councilor Nathanson supported the proposal, pointing out the council discussed the process in a public work session with publicly cast votes. Roll call vote; the motion to pass Item E passed 7:1; Councilor Taylor voting no. MINUTES--Eugene City Council May 13, 2002 Page 6 Regular Meeting Responding to a question from Councilor Pap8 about Item F, Jim Orgliasso, Eugene Water & Electric Board treasurer, reviewed the three parts of the bond resolution before the council. Councilor Pap8 determined the improvements were all related to the electric utility. Roll call vote; the motion to pass Item F passed unanimously. Mayor Torrey called a brief meeting break. Councilor Pap8 left during the break. 4.PUBLIC HEARING AND POSSIBLE ACTION: An Ordinance Concerning Solid Waste, Yard Debris and Recycling, and Amending Sections 3.005, 3.245, 3.247, 3.250, 3.270, and 4.855 of the Eugene Code, 1971; Amending and Renumbering Sections 3.265, 3.275, and 3.284 of That Code; Repealing Sections 3.260, 3.272, and 3.282 of That Code; and Adding a New Section 3.290 to That Code Mayor Torrey noted that Councilor Pap~ was recused for the item and had asked to be excused for the remainder of the meeting. Mayor Torrey opened the public hearing. There being no requests to speak, he closed the public hearing. Councilor Kelly thanked Nancy Young of the Planning and Development Department for responding to the issues raised in the work session. He noted that the administrative rules included the hauler and customer responsibilities, and confirmed that the council receives proposed administrative rules and can offer individual comment at that point. Councilor Bettman expressed disappointment about the lack of people in attendance and the lack of testimony presented to the council, and asked what sort of notice the item received. Ms. Young reviewed the notice made to the haulers and said that most of the items are housekeeping changes. The rule would be more in-depth and would be publicized as well. Councilor Bettman said she objected to the language in Section 3.247 related to the reduction of the total number of licenses in the event a license was terminated or forfeited. She said the council chose not to reduce the number of licenses at the policy level, but through attrition that could occur. She indicated she would move to delete the addition. Councilor Taylor concurred with the remarks of Councilor Bettman. She also questioned if there was adequate notice of the hearing provided to the public and suggested the action before the council was not widely known. City Manager Carlson said that the council would consider Council Bill 4788, an ordinance concerning solid waste, yard debris and recycling, and amending sections 3.005, 3.245, 3.247, 3.250, 3.270, and 4.855 of the Eugene Code, 1971; amending and renumbering sections 3.265, 3.275, and 3.284 of that code; repealing sections 3.260, 3.272, and 3.282 of that code; and adding a new Section 3.290 to that code. Councilor Kelly, seconded by Councilor Fart, moved that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 7:0. MINUTES--Eugene City Council May 13, 2002 Page 7 Regular Meeting Councilor Bettman, seconded by Councilor Taylor, moved to amend Section 3.247(1) by deleting the sentence "If a license is terminated or forfeited, that license shall not be reissued, and the total number of licenses shall be reduced." Councilor Bettman said she had no objection to a hauler's license being forfeited for cause, but objected to the sentence as a type of attrition clause. City Attorney Jerome Lidz noted that the language that Councilor Bettman objected to was already in the code in Subsection 4 of 3.247. City Manager Jim Carlson pointed out that Section 2 of the ordinance provided an avenue for the issuance of more licenses if the need was shown. Councilor Nathanson asked for comment from staff as to whether the sentence was essential, and the impact of removing the sentence. Ms. Young responded that she did not believe there would be a significant impact from the change. The language was initially designed to ensure that one hauler could not hold two licenses. Councilor Taylor was concerned that leaving the sentence in could lead to a monopoly situation. Councilor Meisner indicated opposition to the amendment because of the point made by City Manager Carlson. He said that without the sentence in question, a new hauler could seek a license without any demonstration of need. He was not interested in maintaining the high number of haulers currently serving the city, and noted the harm that haulers' vehicles did to local streets. Councilor Bettman reminded the council that residents wanted to preserve their choice of hauler. She said that Section 2.019 included a process regarding the demonstration of need for additional licenses, and deletion of the sentence did not change the limit of haulers. Roll call vote; the motion passed 4:3; councilors Nathanson, Fart, and Meisner voting no. City Manager Carlson said that the council would consider Council Bill 4788 by number only. Councilor Kelly, seconded by Councilor Fart, moved that the bill be approved and given final passage. Roll call vote; the motion passed unanimously, 7:0, and the bill became Ordinance No. 20252. 5.PUBLIC HEARING AND ACTION: Approval of Exemption from Competitive Bidding for Design/Build Services Mayor Torrey opened the public hearing. There being no one wishing to speak, Mayor Torrey closed the public hearing. Councilor Kelly, seconded by Councilor Fart, moved to grant an exemption from competitive bidding for the construction of the Bethel Skateboard Park, and allow the City to issue a Request for Proposals using the alternative MINUTES--Eugene City Council May 13, 2002 Page 8 Regular Meeting bidding method, "Design/Build," to select the vendor to construct the project. Councilor Nathanson recollected that she had provided staff with information on skateboard facilities constructed with prefabricated materials, but heard no response from staff about the potential of that approach. City Manager Carlson said he had no response to offer at this time. Councilor Bettman asked how many exemptions the City had done. City Manager Carlson did not know. He said that the exemption process was not used often. Councilor Bettman asked about the cost savings from that approach, and requested that information. She said she was not familiar with the process, and asked who would be liable if there were flaws in the project. Mr. Lidz said that it should be either the designer or contractor, although that would depend on the terms of the contract. Councilor Bettman strongly urged that those provisions be included in any contract so the City could avoid liability. Councilor Meisner shared Councilor Bettman's concern about the City's liability. He hoped to see staff and counsel do a better job in protecting City interests in such contracts in the future than they had in the past. He indicated support for the motion. Councilor Rayor thought the proposal was "fantastic" and said it would prove to many naysayers, including staff in the Public Works Department, that the approach worked. Councilor Nathanson supported the motion. She commended the findings as clear, to the point, and nonbureaucratic. Roll call vote; the motion passed unanimously, 7:0. Councilor Fart left the meeting. 6.ACTION: Approval of Findings and Recommendations from the Hearings Official and Passage of an Ordinance Levying Assessments for Paving, Curbs and Gutters, Sidewalks, Street Lights, Street Trees, Wastewater and Storm Sewers on Delta Highway from Green Acres Road to Ayres Road; and Providing an Immediate Effective Date (Contract 2001-27) (Job #3710) City Manager Carlson said that the project had been in progress for some time. The council had taken several earlier actions. The council was being asked to approve the findings of the Hearings Official related to the project costs. He noted that Paul Klope of the Public Works Department was present to answer questions. City Manager Carlson said that the council would consider Council Bill 4790, an ordinance levying assessments for paving, curbs and gutters, sidewalks, street lights, street trees, wastewater and storm sewers on Delta Highway from Green Acres Road to Ayres Road; and providing an immediate effective date. Councilor Kelly, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read by council bill number only. Roll call vote; the motion passed unanimously, 6:0. MINUTES--Eugene City Council May 13, 2002 Page 9 Regular Meeting Councilor Bettman determined from Mr. Klope that an element of the project was to bring the road to City standards. Mr. Klope clarified that the roadway was in pretty good condition, so it did not need to be reconstructed, but it needed an overlay; that was paid for by the Road Fund. He added it was a relatively small amount. Councilor Bettman said that she thought that bringing the road up to standard was an assessable cost. Mr. Klope said that the City performs a complete reconstruction normally; in this case, the condition of the roadway was such that the City considered it standard for a road under the traffic it bore, but the maintenance aspect of that was as a Road Fund component. Councilor Bettman objected to the use of Road Funds for a project such as the one in question. She indicated she would oppose the motion because of the financing, and because she did not think the inequities of the assessment system had been addressed. Councilor Kelly asked if split of costs was determined when the local improvement district was formed. Mr. Klope said yes. Councilor Taylor indicated agreement with the remarks of Councilor Bettman. Roll call vote; the motion passed unanimously, 6:0. Councilor Kelly, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed, 4:2; Councilor Bettman and Councilor Taylor voting no, and the bill became Ordinance No. 20253. 7.ACTION: Approval of Minutes, Findings and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for the Sound Barrier Wall along the North Side of I-105 from Garden Way to 200 Feet West of Rustic Place (Job #3710) Tom Larsen of the Public Works Department provided an update of the work that had taken place. Responding to a question from Councilor Kelly, Mr. Larsen said that a delay in the assessment would be a delay in reimbursing the City. The Oregon Department of Transportation would not begin the project until it had the funding in hand. The City paid the entire $300,000 of the local share of the cost to the State, and was awaiting the property owners' reimbursement of that amount. Councilor Kelly, seconded by Councilor Rayor, moved that the City Council urge ODOT to pursue further measures, such as a full-length tire barrier and sound absorbing surfacing material, to reduce 1-105 noise in a meaningful way. Councilor Kelly noted the Hearings Official's recommendation that staff urge ODOT to pursue all reasonable and cost-efficient measures to reduce the noise. He reiterated that recommendation. MINUTES--Eugene City Council May 13, 2002 Page 10 Regular Meeting Councilor Kelly expressed dismay that ©D©T only measured sound levels in one location and at one time before the sound wall was constructed. Councilor Nathanson asked which government had jurisdiction over the sound wall. City Manager Carlson said it was an ©D©T project. Councilor Nathanson said that she thought the City was being asked to resolve a problem that was not its problem. She regretted that the City fronted the money rather than ©D©T, and was uncomfortable being put in the middle of the situation. Councilor Meisner said that the citizens were very clear about wanting a sound wall. If the citizens had clearly stated that they wanted a 50-percent reduction in noise, that would have been different. He was not sure what the motion mean when it asked the "council to urge." He assumed it was direction to staff rather than a letter signed by the council. He questioned whether the City was committing itself to spending money through adoption of the motion. Councilor Meisner did not want the City to be liable for sharing the cost of remedying the problem. Councilor Bettman shared the concerns expressed by Councilor Nathanson and Councilor Meisner. She said that the City contributed 12.5 percent of the cost and fronted the cost of the citizens' assessment, as well as provided staff support. She said that there should have been a contract or some other documentation circumscribing the City's limited role. However, she was sympathetic toward the residents, and said she would support Councilor Kelly's amendment as symbolic. Councilor Taylor also supported the motion, although she did not know what good it would do. She asked if there was anything the City could do to cause ©D©T to remedy the situation. City Manager Carlson said that resurfacing 1-105 would have the biggest positive impact on noise levels; that was included in the State Transportation Improvement Program scheduled for construction in 2004. He said that if the motion passed, he would pass it along to ©D©T staff as a council motion. With the concurrence of his second, Councilor Kelly amended the motion to read "...the City Council urges ©D©T to use its funds to pursue further measures..." He agreed with Councilor Nathanson that the City could not resolve the issue, but could only ask ©D©T to do so. He noted that the manner in which the road was resurfaced was also a concern to residents in terms of potential noise, and said that addressing that concern was a part of the intent of his motion. Roll call vote; the motion passed unanimously. City Manager Carlson said the council would consider Council Bill 4791, an ordinance levying assessments for the sound barrier wall along the north side of 1-105 from Garden Way to 200 feet west of Rustic Place. Councilor Kelly, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Roll call vote; the motion passed unanimously, 6:0. City Manager Carlson said that the council would consider Council Bill 4791 by council bill only. MINUTES--Eugene City Council May 13, 2002 Page 11 Regular Meeting Councilor Kelly, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read the second time by council bill number only, and that enactment be considered at this time. Councilor Rayor said that it was clear that the sound wall was not working as well as could be hoped for all residents. He said he would not support the assessments as he preferred to see a delay in the process. He called for a written statement by the Public Works Transportation Division that outlined how the City should deal with such ©D©T projects. Councilor Meisner indicated his lack of interest in spending money in the manner suggested by Councilor Rayor. He reiterated that the soundwall project was not a City project. He said he would support a delay if the City was the assessing party; instead, it was awaiting reimbursement of money badly needed for capital projects. Roll call vote; the motion passed, 4:2; Councilor Rayor and Councilor Nathanson voting no, and the bill became Ordinance No. 20254. Mayor Torrey adjourned the meeting at 10:22 p.m. Respectfully submitted, James R. Carlson City Manager pro rem (Recorded by Kimberly Young) MINUTES--Eugene City Council May 13, 2002 Page 12 Regular Meeting